1. The American Legal System

2. UEQ:
How are the powers and responsibilities distributed, shared and limited in the government established by the Constitution

3. Lesson 1 LEQ:
How are individual rights and the rights of the accused protected in the United States?

4. Why We Have Laws Keeping the Peace Uniform Laws
Everyone Knows the Rules
Punishment Discourages Lawbreakers
What Makes a Good Law
Fairness
Equal Treatment to All
Reasonableness
Punishment Fits Crime
Understandable
Ignorance leads to Chaos
Enforceable
People see it as all the above & are willing to obey

5. Development of Legal System
Code of Hammurabi
Babylonia 1760 B.C.
Eye for an Eye
Roman Law
450 B.C. – 553 A.D.
Justinian Code
Ordered Set of Laws
Napoleonic Code
1804 France
Unified Code
LA Territory
English Common Law
Based on Precedent
Statutes & Documents
Colonial America

6. Types of Laws Criminal Law Protect Public Safety Felony = Very Serious
Misdemeanor = Less Serious
Property Crimes
Theft, Vandalism, Identity
Civil Law
Disputes between parties
Lawsuits = Civil Cases
Seek Compensation
Military Law
Applies to service personnel
Criminal & Civil Code
Court Martial (JAG Corps)
AWOL, Disobeying Orders….

7. Sources of Laws Constitutional Law U.S. & State Constitutions
Supremacy Clause
Statutes
Law written by legislature
U.S. Congress & State Leg.
Regulates Behavior
Establish Consequences
Grant Privileges
Case Law
Use of precedent
Laws est. by judicial decisions
Administrative Law
Bureaucratic Regulations
FCC, FAA, SEC…

8. Basic Legal Rights Writs of Habeas Corpus Brought before a judge
Judge decides if you were properly or improperly imprisoned
No Bills of Attainder
Trial before punishment
No Ex Post Facto Laws
Can’t be punished for breaking a law before it was a law
Administration of Justice
Bill of Rights & 14th Amendment
Equality Under the Law
Can’t be denied rights or property without due process
Basic Legal Rights

9. Rights of the Accused 4th Amendment Rights
Unreasonable Search & Seizure
Probable Cause
Search Warrant
Judge Issues Warrants
Mapp v Ohio 1961
Exclusionary Rule
No improper evidence
5th Amendment Rights
Self-Incrimination
Miranda v Arizona 1966
Miranda Warning
Double Jeopardy
No 2nd trial if acquitted
Federal Grand Jury Proceedings

10. Rights of the Accused 6th Amendment Rights Right to an attorney
Gideon v Wainwright 1963
Trial Rights
Informed of charges
Call witnesses
Jury of peers
Speedy and Public Trial
8th Amendment Rights
Cruel & Unusual Punishment
Death Penalty?
Furman v Georgia 1972
Racial Bias –Guidelines Reset
No Excessive Bail
Pay to be set free before trial
Judge Decides
Rights of the Accused

11. Lesson 2 LEQ:
What constitutes civil law?

12. Types of Civil Law Contract Law Broken Agreements Written & Unwritten
Always read & review
Property Law
Buying and Selling Land
Maintenance of property
Rent vs. Owner responsibility
Family Law
Marriage & Divorce
Birth, Death, & Adoption
Property & Custody Disputes
Personal Injury
Tort – Actions that cause injury
Intentional Tort
Negligence
Types of Civil Law

13. Legal Process in Civil Cases
Plaintiff
Initiates Case
Must have “standing”
Judge can dismiss case
Defendant
Defends Actions
Complaint Filed in Court
States Wrongful Actions
Plaintiff Seeks Damages
Compensatory
Compensates for Loss
Punitive
Punishes for Actions
Summons Issued
Informs of charges
Legal Process in Civil Cases

14. Legal Process in Civil Cases
Before the Trial
Discovery Process
Possible Settlement Discussed
Avoidance of Trial Costs
Avoids Public Verdict
Acceptable Agreement
The Trial
Judge Presides
Jury by request
Plaintiff Presents First
Evidence & Testimony Presented
Verdict Issued
Damages Awarded
Appeals & Other Actions
Loser Has Right to Appeal
Court Orders to Force Payment
Legal Process in Civil Cases

15. Lesson 3 LEQ:
What constitutes criminal law?

16. Crime & Punishment Penal Code List of laws & punishment
Types of Crimes
Felony vs. Misdemeanor
Property v Personal Crimes
Punishments
Min. & Max. Sentences
Aggravating Circumstances
Mitigating Circumstances
Parole = Early release
Purpose of Punishment
Pay debt to society
Protect the public
Deterrent to others
Rehabilitation
Crime & Punishment

17. Criminal Case Procedure
Prosecution brings case
Arrest & Booking
Evidence Gathered
Arrest Order Issued
Miranda Rights Read
Taken in for booking
Preliminary Hearing
Suspect brought before judge
Show probable cause
Judge explains charges
Defense lawyer may be appt.
Misdemeanor = Enter plea
Felony = Judge sets hearing
Bail May be granted
Indictment
Formal Charges Filed
Grand Jury Decides
Criminal Case Procedure

18. Trial Procedures Arraignment Plea Entered Guilty (No trial)
Not Guilty (Set trial)
Plea Bargain
Accept Lesser Charges
The Trial
Jury selection (If needed)
Opening Statements
Prosecution presents case 1st
Evidence & Witnesses presented
Cross-examination follows initial questioning of witnesses
Closing Statements
Jury Instructions
Trial Procedures

19. Verdict, Sentence, Appeal
Jury Decides (no time limit)
Unanimous Consent
Guilty Verdict
Beyond reasonable doubt
Not Guilty (Acquittal)
Different than innocent
Mistrial = No Verdict
Prosecution may set new trial
Sentencing Hearing
Guilty sentenced at later date
Aggravating Circumstances
Mitigating Circumstances
Victim Statements
Appeals Process
Only guilty verdicts
Trial errors or rights violated
Verdict, Sentence, Appeal

20. Lesson 3 LEQ:
What constitutes juvenile law?

21. Juvenile Justice Mid 19th Century Emphasized Rehabilitation
Learn right from wrong
20th C. Reforms
1960s Sup. Court Rulings
Same Basic Rights As Adults
Too Lenient?
1990s – Harsher Penalties
Juvenile Delinquents
Most States = 18 yrs. Old
Violent Crime Exception
Juvenile Offenders
Delinquent Offenders
Status Offenders
Juvenile Justice

22. Juvenile Court Intake Process Hearing Process Detention Hearing
Authorities Take into Custody
Release to Parents or
Call Social Services or
Juvenile Court
Social Worker Intake
Hearing Process
Detention Hearing
Evidence Presented
Adjudication Hearing
Trial Phase
No Jury
Private Proceeding
Innocent/Delinquent Verdict
Disposition Hearing
Sentencing Phase
Juvenile Court